Shop Jacobsen Website Terms and Conditions
PLEASE READ CAREFULLY. Welcome to the Jacobsen Web sites. These Terms and Conditions (“Terms”) govern your access to and use of the Jacobsen Web sites, which include but are not limited to Jacobsen.com and JacobsenDirect.com and their sub-domains (each, a “Site”, or collectively “Sites”). These Sites are owned and operated by Jacobsen or an affiliate controlled by, or under common control of Textron Inc., including but not limited to affiliates operating under the Jacobsen Direct name or brand, (collectively, “Jacobsen”, “we”, “us”, “our”). Please return to these Sites and review these Terms from time to time, as they may be amended without notice. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on these Sites. Some products and services accessible through these Sites are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THESE SITES. YOUR USE OF THESE SITES INDICATES YOUR ACCEPTANCE OF THESE TERMS.
GENERAL. Jacobsen does not warrant that the contents of these Sites are error-free. Information on these Sites may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Jacobsen may also make improvements and/or changes in the products and/or programs described on these Sites at any time without notice. Jacobsen will use reasonable efforts to place accurate and up-to-date information on these Sites but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through these Sites is at your own risk.
WARRANTY DISCLAIMER. THESE SITES AND ALL CONTENT AND MATERIALS ON THESE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, JACOBSEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. JACOBSEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THESE SITES OR THE CONTENT OR MATERIALS ON THESE SITES OR ANY WEB SITES LINKED TO THESE SITES, INCLUDING, WITHOUT LIMITATION, THAT (I) USE OF THESE SITES OR ANY CONTENT OR MATERIALS ON OR FROM THESE SITES (INCLUDING ANY SOFTWARE, PRODUCT OR SERVICE) WILL BE UNINTERRUPTED, (II) THESE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (III) ANY ERRORS ON THESE SITES WILL BE CORRECTED, OR (IV) THE SERVERS ON WHICH THESE SITES, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.
CAPACITY TO CONTRACT. You represent to Jacobsen that you are of the legal age of majority in the country, state or province of your residence (e.g., at least 19 years old if you are a resident of Alabama or Nebraska, 21 years old if you a resident of Mississippi, or 18 years old if you are a resident of any other jurisdiction in the United States).
CODE OF CONDUCT. You agree that you will use these Sites (including features thereof and products or services offered thereon) only for its intended purpose. You agree to limit such uses to your personal, non-commercial use. You further agree not to: (i) use these Sites, any content or other materials on these Sites, or any products or services included on or available through these Sites for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying these Sites, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of these Sites are able to type, hacking or defacing any portion of these Sites, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of these Sites or any content or other materials on these Sites.
Jacobsen has the right to terminate your use of these Sites, or any portion of these Sites, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if Jacobsen determines (in its sole discretion) that your use of or conduct on or related to these Sites (i) violates these Terms or any additional terms and conditions, (ii) is harmful to Jacobsen, its customers or vendors, another user or any other party, or (iii) violates applicable law.
PERSONAL DATA. During your use of these Sites, whether you are ordering or returning a product or service, you must provide true, accurate and complete information about yourself as prompted by the applicable webpage or order/return form, including without limitation, your name, address, e-mail address, telephone number and credit/debit card information, as applicable (collectively, "Personal Data"). You must maintain and promptly update your Personal Data to keep it true, accurate, current and complete. If Jacobsen has reasonable grounds to suspect that any part of your Personal Data is untrue, inaccurate or incomplete, Jacobsen has the right to suspend or terminate any account you have established, access, or maintain through these Sites or your purchase/return order. You acknowledge that Jacobsen may send you important information and notices regarding your purchase/return by e-mail, and that Jacobsen shall have no liability associated with or arising from your failure to maintain accurate Personal Data.
LIMITATION OF LIABILITY. IN NO EVENT WILL JACOBSEN, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THESE SITES, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE.
COPYRIGHT AND TRADEMARK. All materials on these Sites, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms, none of the Content on these Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Jacobsen or the copyright owner. You also may not, without Jacobsen's permission, "mirror" any Content contained on these Sites on any other server. Any unauthorized use of any material contained on these Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
PASSWORD AND USER NAME. Access to some Content and other materials offered on these Sites is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your user name and password. You are solely responsible for any and all activities that occur under your user name and password. You agree to notify Jacobsen immediately of any unauthorized use of your user name, password or account or any other breach of security. Jacobsen shall not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. Furthermore, you may be held liable for losses incurred by Jacobsen as a result of the misuse of your user name, password or account.
LINKS TO THIRD PARTY SITES. There are links on these Sites that will permit you to travel to other, third-party sites over which Jacobsen has no control. These links are provided for your convenience only and your use of them is at your own risk. Jacobsen makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the web sites that you may access through these Sites. Jacobsen does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
JURISDICTION AND GOVERNING LAW. These Sites are maintained, controlled, operated and administered by Jacobsen from within the United States of America (“U.S.”). Jacobsen makes no representation that the Content or any other materials on these Sites are appropriate for use at locations outside of the U.S. and access to these Sites from countries where such Content or materials are illegal is prohibited. If you access these Sites from a location outside of the U.S., you are responsible for compliance with all local laws. The use of these Sites, the Content or any other materials on these Sites, and these Terms are governed by the laws of the United States and the State of North Carolina, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of these Sites, the Content or any other materials on these Sites, or these Terms must be brought in Mecklenburg County, North Carolina and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Mecklenburg County, North Carolina. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.
CONFIDENTIAL INFORMATION. You may be given access to Jacobsen confidential information through these Sites or links from this Site. You may not disclose Jacobsen confidential information to any third party without the written consent of Jacobsen. You must protect Jacobsen confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Jacobsen confidential information includes, but is not limited to - all non-public information regarding Jacobsen, its intellectual property or its products, quantity and prices of products purchased, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Jacobsen. You may enter into separate non-disclosure agreements with Jacobsen governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
EMAIL FROM JACOBSEN. Jacobsen may from time to time send you email. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from us, you can follow the opt-out directions set forth in such email.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of these Sites. Jacobsen's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
INDEMNITY. By using these Sites you agree to indemnify Jacobsen, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of these Sites or the Content or other materials on these Sites, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of these Sites, or your submission of information or materials to Jacobsen by any means or from any person’s use of any account or password you maintain with Jacobsen or these Sites, regardless of whether such use is authorized by you. By using these Sites, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through these Sites or to any disputes regarding use of ideas and/or related materials submitted to Jacobsen.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
QUESTIONS OR COMMENTS. If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org .
Last Updated: June 2, 2016